Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-28
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and receiver they become Q part Of
the resord, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
ersl Land once.
An application will be rejected when the
scription OF the premises 10 erroneous or
sufficient.
Application for patent will be rejected bo-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published In .
new spsper designated - published nearest the
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending O suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately dehne tho
boundaries OF the claim.
Where the claim was not located in accord.
ance with law.
Where several parties W separate and dis
tinct portions Of . claim, application for
patent may be made by either for tn ct portion
OF the claim owned by him; but where several
parties own undivided interests in 3 mining
claim all should join In an application for .
patent.
A person or association may purchase ~
many placer locations 80 the local law admits.
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced in
one application for q patent except for placer
claims embracing two OF more lodes within
their boundaries
Papers sworn to before any person purport-
ing TO act % Q deputy for the Register and Re-
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
within the interior boundaries Of . town site
g clause is inserted excepting and excluding
ell town property, rights upon the surface.
and all houses. buildings. structures, lots,
blocks. streets, alleys or other municipal I'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation. possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers and in daily
newspapers 60 days must elapse between the
fret and last insertions.
Where the Register d esignates tn DALI issue
of g newspaper for publication Of notices Of .
mining application for patent IL is not . COM
pliance with law 10 change to the weekly edi-
ZION of the same paper without authority Of
the Register.
The existence OF o salt spring ON Q tract of
land withdraws IL from the operation Of the
Homestead and presumption laws. A hearing
for the purpose of proving the agriculture
character of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file Q separate and
distinct claim against each application which
1t IL alleged CONFLICTS with the premises owned
by such adverse claimant.
The papers In an adverse claim, once filed
cannot be withdrawn, but become s q part Of the
record.
WhAn an .I8a-ao af.N~. 49, 49,. al
not be amended 30 as to embrace a larger per.
ttcn OF the premises than that described in the
original adverse claim.
An adverse claim must be made out In
proper FORM and hled In the proper local Off ce
during the period OF publication Of the sppli.
cation for the patent to be- effective.
II is the duty OF the adverse claimant o
suit In proper form within the re-
CURED time, and IL he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident. Should
the failure to suit be the result OF
the cor rupt or dishonest action OF his sttsrney,
the Interior Department cAnnot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions OF law, without stating the
facts specially. Will not be considered In svi.
dence.
An adverse claimant should show Q compli.
ance with the local laws IN recording his claim
and in regard to expenditures. and shall nle q
copy Of the original notice Of his location, and
show the nature or extent Of the CONFLICT
alleged.
An allegation Of parties 10 9 suit that they
compose the company 10 SUFFICIENT. and they
are not required to prove that they are tbs
original ~locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL IAxps.
Where LAND is of little. II any value, for seYi.
cultural purposes, but is essential To the
proper Development Of mining claims. A
should be disposed Of under the Mining Act.
Whert lands containing valuable mineral
deposits have been included In an Agricultural
entry, said entry viii be cancelled Al any time
prior TO issuance OF patent. upon satisfsctory
evidence OF the existence Of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon . tract sitter the same aas been
entered as agricultural, but before I stept has
been issued, the parties claiming the min
may make application for patent for same,
that portion OF the land embraced BY said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued 10 an AGRICULTURAL claimant. they pass
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
"A foreigner may make q mining location
dispose OF 1t. provided he becomes 4 citizen
pefore disposing OF the mine. Proof that the
party was not 9 citizen before disposing Of his
claim must be afirmatively shown.
Locators and intermediate owners. other
thsn applicants. will not be presumed sIiens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold 10 an
alien cannot be patented while such owner 10
an alien; but on his declarstioni o become .
citizen his right dates back to his purchase.
snd he may thereupon secure United States
patent for his claim.
CROSS LEDaxs.
Revised Statutes. Section 1856:
wnere " or more lodges GROSS or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral contsined within the space Of inter.
secuon. put the subsequent location shall have
tne rieht OF way through the space OF inter-
section Tor the purpose Of the convenient